The McCrory Law Firm has the understanding, knowledge and experience to assist you with your family law needs.  We have successfully assisted people in Dallas, Denton, Plano, Fort Worth, Flower Mound, Lewisville, Frisco and elsewhere throughout the Metroplex with divorces and property division, custody and support and modifications and enforcement of these.  Our litigation has ranged from cases involving paternity, custody battle involving the murder/suicide of the parents, adulterous spouses, impotent husband, custody or possession issues involving grandparents, aunts and a boyfriend to suits over custody, support and visitation involving citizens of different states. With over 25 years of experience, whether it be a jury trial, mediation or arbitration, we have the experience and knowledge you need on your side.

     Divorce involves support issues and property division and that often involves ownership of or investments in sole proprietorships, corporations, partnerships or real estate and often invokes the need for experts to review, analyze and determine the true value of businesses and investments by way of assuring a true accounting of assets by all parties - crucial when dividing the property of the parties.  Tracing and determining the percentage ownership of each party in the retirement benefits of the other spouse acquired during the marriage requires the skills of retirement specialists and actuaries.  While custody and possession matters frequently demand the services of psychologists.

   The McCrory Law Firm with our team of psychologists, economists, accountants, business and real estate valuation experts,  will assist you with all of these difficult issues.  We will provide the right team of experts for your needs and to tackle the legal issues encountered in your case.  Thorough preparation assures enhanced opportunity for success.  

     Call or email and let us help you with your case!   

*We provide free consultation sufficient to permit us to determine if we can be of assistance to you. There is no charge if we cannot assist you. Fees are charged if we accept your case.  We do not provide free legal advice, however.

 For more information, click the highlighted words above or scroll down.

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DIVORCE    

Divorce is a very traumatic time for most people.  Financial and emotional issues are present in almost every divorce.  Children give another dynamic to the situation.  

No-fault Divorce

No-fault ground for divorce in Texas is insupportability.  On the petition of either party to a marriage, the court may grant a divorce without regard to fault if the marriage has become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation.  This is the most often utilized  ground for granting a divorce.  This ground makes no assignment of fault for the breakup of the marriage.  It usually is the desirable  ground sought by both spouses.  

Fault Grounds

Fault grounds for divorce include  insupportability, cruelty, adultery, conviction of felony, abandonment, living apart and confinement in mental hospital.  Fault grounds are most often used when one party seeks to establish an imbalance of equities among the parties favoring one of them in a division of the property.  

Property Division

 
The court is required to  divide the community estate of the parties in a manner that the court deems just and right, having due regard for the rights of each party and any children of the marriage.

All things being equal between the parties, the court will equally divide the community property they have acquired during their marriage.  However, the court may consider the equities existing between the parties in making a division of their community property.   These equities include fault in the breakup of the marriage, separate property of the parties, educational advantages, opportunity advantages, age of parties, work history and experience of the parties, among others.

If a question arises whether property is community or separate property, the court will use the date that the property was obtained, and the assets used, to make that determination.  If property has been mixed together, then the court will require a tracing to determine what portion is each, if possible.  If tracing is not possible, the property will be presumed community and treated accordingly.  Employment benefits, investments and businesses often produce complex questions as to their origin or proportionate interests and may require the assistance of economists, accountants, business evaluators,  actuaries or other experts.

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CUSTODY

      The best interest of the child is always the primary consideration of the Court in determining the issues of conservatorship and possession of and access to the child.   The court is required to consider the qualifications of the parties without regard to their marital status or to the sex of the party or the child in determining sole managing conservator, a joint managing conservator, and the terms and conditions of conservatorship, possession of and access to the child.

     The courts in Texas presume that joint conservatorship is in the best interest of the child.  If one spouse can demonstrate to the satisfaction of the court that it is not in the best interest of the child for the other spouse to be a joint conservator or perhaps even a possessory conservator because the appointment would significantly impair the child's physical health or emotional development the court can restrict or prohibit the other spouse from possession of or access to the child.

     Similarly, proof that the parent voluntarily relinquished actual care, custody or control of the child for one year and the best interests of the child would not be served may, also, be cause to preclude the parent from being appointed as a managing or possessory conservator as would a history of family violence by the parent.  The following factors may be considered to determine whether the presumption in favor of joint managing conservatorship has been rebutted: (1) benefits to the child, (2) the cooperative decision-making ability of the parents, (3) geographical proximity, (4) the parents' ability to promote a positive relationship with the other parent, (5) the parents' prior child-rearing participation, and (6) any other relevant factor.

Parenting Plan

"Parenting plan" means a temporary or final court order that sets out the rights and duties of parents in a suit affecting the parent-child relationship and includes provisions relating to conservatorship, possession of and access to a child, and child support, and a dispute resolution process to minimize future disputes.

Agreed Parenting Plan

To promote the amicable settlement of disputes between the parties to a suit, the parties may enter into a written agreed parenting plan containing provisions for conservatorship and possession of the child and for modification of the parenting plan, including variations from the standard possession order.  These provisions may be enforced by all means available for a judgment, including contempt, but are not enforceable as a contract.  If the court finds the agreed parenting plan is in the child's best interest, and provides for minimum disruption for the child, it will approve it and appoint the parents as joint managing conservators.

No Agreed Parenting Plan

If a written agreed parenting plan is not filed with the court, the court may render an order appointing the parents joint managing conservators only if the appointment is in the best interest of the child, considering the following factors:

Modification

     However, under the Family Code, a court may replace a joint managing conservatorship with a sole managing conservatorship if the circumstances of the child or one of the parties have so materially and substantially changed since the decree that it has caused the order to become unworkable. When changing the entire conservatorship structure, a court must find that the changed circumstances caused the prior order to become unworkable and that a sole managing conservator is in the child's best interest. Likewise, the court may change  the terms and conditions of conservatorship, or the possession of or access to a child if modification would be in the best interest of the child and the statutory requirements are met.

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Q & A's

What Type of Visitation is Normally Given? In Texas, it is presumed to be in the best interest of the child for both parents to be named as Joint Managing Conservators.  However, it is most common that one parent be named as the primary managing conservator, being given the right to designate the residence of the child and granted superior rights to the other, and for possession in accordance with provisions of the Texas Family Code.  The court will specify the respective rights and responsibilities of each parent regarding the child. These typically will follow statutory schemes.  The "Standard Possession Order" sets forth a uniform "visitation" schedule to be adhered to by the joint managing conservators and is usually ordered, unless the parties agree otherwise or the court finds sufficient reason to vary from it. 

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SUPPORT

     In order to make support for the child more uniform, the Texas Family Code provides child support guidelines for the setting of support and which are presumed to be in the best interest of the child.  The court can deviate from those guidelines, however.  Circumstances of a particular case may provide cause for the court to deviate from the guidelines. Additionally, when the net resources of the paying spouse exceed $6,000 per month, the court may order additional support above the guidelines if supported by evidence of the needs of the child. 

Modification

     Texas Family Code provides that a court may modify an order that provides for the support of a child if (1) the circumstances of the child or a person affected by the order have materially and substantially changed since the date of the prior order or prior settlement agreement upon which the prior order is based, or (2) it has been three years since the order was rendered or modified last and the monthly amount of the child support award under the prior order differs by 20% or $100 per month from the guidelines amount.   The court may modify the order to substantially conform with the guidelines if the modification is in the best interest of the child. A court may also consider other relevant evidence in addition to the factors listed in the guidelines.  When ruling on child-support matters, including a requested modification, the trial court may consider, among other factors: (1) the needs of the child; (2) the ability of the parents to contribute to the child's support; (3) any financial resources available for the support of the child; and (4) the amount of possession of and access to a child.  Evidence regarding the parents' financial circumstances or the child's financial circumstances and needs at the time of the divorce and the time of the modification hearing should be presented to the trial court. Should the requisite changed circumstances appear, the trial court may then alter the child-support obligation. If the actual income of a parent is significantly less than his potential income because of intentional underemployment, the court may consider earning potential in setting child support. 

See Parenting Plan 

Must be considered as part of parenting plan.

 Q & A's

How is Child Support Determined?  In most cases, child support is calculated using the support guidelines set forth in the Texas Family Code. The payor's monthly "net resources" is multiplied by a percentage which is determined by the number of children at issue and others not before the court (e.g., the percentage for one child would be 20% but 17.5% if the payor has another child for which the payor is liable that is not before the court in the present matter). Child support is usually required of the parent not appointed as the primary joint managing conservator. 

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ENFORCEMENT

Texas courts may enforce by contempt violations relating to possession of a child for up to six months after the child turns 18 years of age or possession rights terminate or  for  child support obligation for up to six months after the child turns 18 years of age or the obligation to support terminates by law.  However, a court can render judgment for child support arreages for up to 10 years after the child turns 18 years of age or the obligation to support terminates by law.

PATERNITY/MATERNITY

The mother-child relationship is established between a woman and a child by the woman giving birth to the child, an adjudication of the woman's maternity or the adoption of the child by the woman.

The father-child relationship is established between a man and a child by an unrebutted presumption of the man's paternity of the child during marriage, a voluntary acknowledgment of paternity, an adjudication of the man's paternity, the adoption of the child by the man, or the man consenting to assisted reproduction by his wife which results in the birth of the child.

CHILD PROTECTIVE SERVICES

Texas law requires anybody who believes that a child has been abused or neglected to make a report to the Child Protective Services (CPS) program of the Texas Department of Family and Protective Services (DFPS) or to a law enforcement agency. The law requires CPS to investigate reports of child abuse or neglect for the primary purpose of protecting children. 

If your child has been wrongfully removed, we can assist with attempting to recover possession.  If your child is being abused by a former spouse or other person while in their possession, we can assist to help you to attempt to gain sole conservatorship or eliminate or restrict access to your child by the former spouse or other person abusing your child.  CPS may or may not have the same plan in mind for your child as you do.  With early intervention, we may be able to participate in CPS plans to help direct them to a satisfactory resolution in your favor.  Let us assist you in your case.

What is Child Protective Services?

The CPS program receives, investigates, and assesses reports of child abuse and neglect by parents, family, or household members. CPS offers services after investigations if:

• children are not immediately safe from abuse or neglect; or

• a reasonable likelihood exists that children will be abused or neglected in the foreseeable future and families have demonstrated that they cannot control factors placing children at risk of abuse or neglect.

What does CPS do in a child abuse or neglect investigation?

When investigating a report, a caseworker usually:

• talks to and visually examines the child reported to have been abused or neglected. The talk with the child may be audio taped or videotaped. The interview may be conducted at any reasonable time and place, including at school. The caseworker may transport the child for purposes relating to the interview or examination. CPS will make a reasonable effort to notify you of this interview and the nature of the allegations within 24 hours after it has taken place.

• discusses the report with you to gain an explanation about the harm or risk of abuse or neglect to the child. You can ask to see the caseworker’s DFPS identification card. The caseworker will tell you how he or she can be contacted during the investigation. It is illegal for the caseworker to tell you who made the report.

• obtains criminal history information about people alleged to have abused or neglected your child. As necessary, the caseworker may also:

  1. interview and visually examine all children in the home;

  2. interview any other person alleged to have abused or neglected your child;

  3. interview anyone with information about the situation, including those who can verify explanations of the harm to your child;

  4. ask for access to mental health records on your child, parents, or people alleged to have abused or neglected your child;

  5. ask for a medical, psychological, or psychiatric examination of your child if it is necessary to establish whether abuse or neglect has occurred or if risk of abuse or neglect exists; and

  6. visit the child’s home.

CPS is allowed by law to remove children for abuse and neglect or at risk of abuse or neglect only after a court orders it or when there is immediate danger to the children’s physical health or safety (or the child has been sexually abused) and CPS seeks a court hearing the first working day after the removal.

The McCrory Law Firm can assist you with re-establishing relationships before children are permanently removed.  Call us at the first instance of a complaint or investigation.  We can also help if your child is being abused by a former spouse or other person while in their possession.